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Republic v Malvina (34 of 2006 ) [2007] SCSC 68 (09 March 2007);

IN THE SUPREME COURT OF SEYCHELLES

THE REPUBLIC

VS.

EMMANUEL MALVINA

Criminal Side No. 34 of 2006

Mr. Govinden for the Republic

Mr. Bonte for the Accused

SENTENCE

The accused, now convict, has pleaded guilty to the offence of wounding with intent to maim, disfigure or to do some grievous harm to a person contrary to section 219 of the Penal Code. There is no doubt that this is a very serious offence which upon conviction would lead to a maximum sentence of life imprisonment. The Court has considered the mitigation as put across by Mr. Bonte on behalf of the convict. Further, for the Court to determine what would be an appropriate sentence in this case the circumstances under which the offence was committed and the injuries inflicted on the victim as brought to light by the prosecution have been considered too. I am disregarding the previous convictions as the court was advised that they now stand spent.

The convict, who is a fisherman, is aged 48 years with three children who are all adults. He has saved the precious time of the Court and shown remorse by pleading guilty. In these circumstances I feel a sentence of three and half years would be suitable. The time spent on remand should count towards this sentence.